…grievance be addressed by an independent grievance process”. This language indicates that two distinct processes – an appeal process and a grievance process – must be made available. For the…
…efforts will promote human rights values by allowing greater scrutiny into and consideration of multiple voices in the dispute resolution process, as well as broadly support due process and access…
…and a commitment to due process, diversity, and leadership in industry, trade, and innovation, California is uniquely positioned as a gateway for trade and growth throughout the Pacific region. California,…
…international law toolkit. As discussed by Dr Mary Mitsi in a prior post, ISDS tribunals must always engage in the interpretive process, which involves first identifying norms and then applying…
…IIL and IHRL. Similarly, the right to due process plays an integral procedural role in dispute resolution and is protected under both regimes. This is of course only a small…
…not least in UNCITRAL’s Working Group III, the ECT modernization process, and the revision of the ICSID arbitration rules – but progress is limited and slow, and the integration of…
…regimes in their decision-making process. Meanwhile, the arbitral procedure should seek ways to optimize the procedure’s efficiency without undercutting the fundamental elements of international arbitration. This inevitable need for a…
In most cases, arbitrator selection follows a basic 3-step process: (1) Start with a Long List of Potential Arbitrators; (2) Pare it down to a Short List of Suitable Arbitrators;…
…Canada and Venezuela. The commission had failed to process several of Air Canada’s pending applications for an Authorization for Foreign Currency Acquisition (AAD) to repatriate profits. The Tribunal found that…
…arbitrators involved were disclosed throughout the analytical process. The initiative is unique in Brazil. As clarified by the advisors of the team of researchers in the forewords of the Digest,…
…of Experts. Overview of Review Process The review of the Rules, which were last updated in 2016, began in 2020. The guiding aim was to ensure that the Rules…
…ECT modernization process, followed by an update post in 2021. The modernization process will address both substantive and procedural aspects of ITA under the ECT. As discussed by Dr. Esmé…
…administrative decisions based on Argentine law, its formalistic approach to the principle of due process, and its in-depth reasoning of the quantum (in fact, the reasoning of the quantum takes…
…creating the Guideline come about and what was the process that led to its creation? Were there any surprising parts for you about the process of working on this Guideline…
…2019 and 2023: PROFIP. PROFIP’s implementation process The AG Office announced that it would take three immediate actions: i) the design of a process for its implementation; ii) major…
…the independence and impartiality of the arbitral tribunals, as well as due process, and grant a human rights remedy in case of breach after exhaustion of local remedies. In international…
…to abuse the document production process. In line with generally accepted international arbitration practice: Article 20.1 empowers a tribunal to order document production on its own motion or upon a…
…related to the entire arbitration process – from the very conclusion of the arbitration agreement and the form for its validity, through the peculiarities in the proceedings, securing, rendering, setting…
…Moldova v. Komstroy was the opportunity for the CJEU to address the effects of Achmea on the Energy Charter Treaty (‘ECT’), which is currently undertaking a modernisation process, likely to…
…expedite the process. Furthermore, arbitration should be more accessible and easier to understand for start-ups and small businesses. She proposed that there could even be one international arbitration hub for…
…impact, and transparency, all of which have a bearing on the conduct of arbitration. Due process concerns During the initial phase of the pandemic, there was a wave of…
…most established technological solution for arbitration (or any dispute resolution process) is technology-assisted review for document disclosure, given the quantity of underlying data available. The definition of “document” has embraced…
…of the list because it is widely seen as overly time-consuming and overly costly, and an ineffective process generally. He found that the establishment of new document production protocols and…
…passing law number 193 dated 16 October 2020 which requires banks to process money transfers to Lebanese students abroad at the Central Bank’s rate. This means that the rate set…
